Chapter III Intervention in Misbehaviors
Article 28 For the purpose of this Law, the term "misbehaviors" refers to the following behaviors committed by juveniles that are not conducive to their healthy growth:
(1) Smoking and drinking;
(2) Repeatedly staying away from school without permission and playing truant;
(3) Staying out all night or running away from home for no reason;
(4) Being addicted to the Internet;
(5) Associating with people with bad habits in society, and organizing or joining in gangs committing misbehaviors;
(6) Going to places that are not suitable for juveniles as provided by laws and regulations;
(7) Participating in gambling, disguised gambling, or activities such as feudal superstition and cults;
(8) Reading, watching or listening to reading materials, audio and video recordings or online information, etc. advocating obscenity, pornography, violence, terrorism, extremism, and other contents;
(9) Other misbehaviors that are not conducive to the physical and mental health of juveniles.
Article 29 Where parents or other guardians of juveniles find misbehaviors of juveniles, they shall stop them and strengthen discipline in a timely manner.
Article 30 Where the public security organs, residents' committees, and villagers' committees find misbehaviors of juveniles within their jurisdictions, they shall stop them in a timely manner, and urge their parents or other guardians to perform the guardianship duties according to the law.
Article 31 Schools shall strengthen the management and education of juvenile students with misbehaviors and shall not discriminate against them; for those who refuse to make corrections or the circumstances are serious, the schools may, according to the circumstances, impose sanctions or take the following management and education measures against them:
(1) Disciplining the juvenile students;
(2) Requiring compliance with specific code of conduct;
(3) Requiring participation in specific thematic education;
(4) Requiring participation in service activities at schools;
(5) Requiring acceptance of psychological counseling and behavior intervention from social workers or other professionals;
(6) Other appropriate management and education measures.
Article 32 Schools and families shall strengthen communication and establish home-school cooperation mechanism. Where a school decides to take management and education measures against a juvenile student, it shall notify his parents or other guardians in a timely manner; and the parents or other guardians of the juvenile student shall support and cooperate with the school in conducting management and education.
Article 33 Where a juvenile student steals a small amount of property, or engages in acts of student bullying such as beating, insulting, intimidating, or forcibly demanding property, and the circumstances are not serious, the school may take corresponding management and education measures against him according to the provisions of Article 31 of this Law.
Article 34 Where a juvenile student stays away from school without permission or plays truant, the school shall contact his parents or other guardians in a timely manner to get relevant information; and where there is no justifiable reason, the school and the parents or other guardians of the juvenile student shall urge him to return to school to study.
Article 35 Where a juvenile stays out all night or runs away from home for no reason, his parents or other guardians and his boarding school shall look for him without delay, and report to the public security organ if necessary.
Where a person who takes in a juvenile who stays out all night or runs away from home, he shall contact the juvenile's parents or other guardians and school in a timely manner; if it is impossible to make contact with them, he shall report to the public security organ in a timely manner.
Article 36 The public security organ, the administrative authority of public places or other organizations shall, after finding or receiving a report on a juvenile who stays out all night, runs away from home, or tramps the street, take effective protective measures in a timely manner, notify his parents or other guardians and boarding school, and escort him back to his home or school if necessary; if it is impossible to contact his parents, other guardians or school, it shall escort the juvenile to an assistance and protection institution for rescue.
Article 37 Where a juvenile's parents, other guardians, or school finds that he organizes or participates in a gang that commits misbehaviors, they shall stop him in a timely manner; and they shall immediately report to the public security organ if the gang is found to be suspected of breaking the law or committing crime.
Chapter IV Correction of Serious Misbehaviors
Article 38 For the purpose of this Law, "serious misbehaviors" refers to acts committed by the juveniles that are provided in the Criminal Law but do not subject the juveniles to criminal punishment as they are under the statutory age for criminal liability, as well as the following acts that seriously endanger the society:
(1) Engaging in gang-fighting, chasing and intercepting others, forcibly taking or demanding or willfully damaging or occupying public or private property, and or committing other acts of picking quarrels and making troubles;
(2) Illegally carrying guns, ammunition or crossbows, daggers and other controlled instruments under State provisions;
(3) Beating, abusing, intimidating, or intentionally injuring another person;
(4) Stealing, looting, forcibly seizing or intentionally damaging or destroying public or private property;
(5) Disseminating obscene readings, audio and video recordings or information, etc;
(6) Engaging in prostitution, whoring, or obscene performance;
(7) Taking or injecting drugs, or providing drugs for others;
(8) Participating in gambling with relatively large amount of gamble funds;
(9) Other acts that seriously endanger society.
Article 39 Where a juvenile's parents or other guardians, school, or residents' committee or villagers' committee finds that someone instigates, coerces, or entices a juvenile into committing serious misbehaviors, they shall report to the public security organ immediately. Where the public security organ receives a report or finds the aforesaid circumstances, it shall promptly investigate and handle it in accordance with the law; and effective measures shall be taken immediately to protect juveniles whose personal safety is threatened.
Article 40 Where the public security organ receives a report or finds that a juvenile committed a serious misbehavior, it shall stop the serious misbehavior in a timely manner, and investigate and handle it in accordance with the law, and may order his parents or other guardians to eliminate or mitigate the consequences of the violation of law, and take strict measures to discipline him.
Article 41 For a juvenile with serious misbehaviors, the public security organ may, in light of the specific circumstances, take the following correctional education measures:
(1) Reprimanding him;
(2) Ordering him to offer an apology and compensate for losses;
(3) Ordering him to make a statement of repentance;
(4) Ordering him to report activities on a regular basis;
(5) Ordering him to comply with the specific codes of conduct, and not to carry out specific acts, contact specific persons, or enter specific places;
(6) Ordering him to accept psychological counseling and behavior correction;
(7) Ordering him to participate in social service activities;
(8) Ordering him to receive social probation, as well as education, supervision, and discipline by social organizations and relevant institutions at an appropriate place;
(9) Other appropriate correctional education measures.
Article 42 When conducting correctional education for juveniles, the public security organs may invite schools, residents' committees, villagers' committees, social service agencies and other social organizations to participate therein as needed.
Parents or other guardians of juveniles shall actively cooperate with the implementation of the correctional education measures, and may not hinder or obstruct them or leave juveniles unattended.
Article 43 Where, for a juvenile with serious misbehaviors, his parents or other guardians and school are unable to discipline him or the discipline is ineffective, application may be filed with the administrative department of education, and the administrative department of education shall, upon the assessment and consent of the steering committee for special education, decide to send the juvenile to a special school for special education.
Article 44 Where a juvenile falls under any of the following circumstances, upon the assessment and consent of the steering committee for special education, the administrative department of education, jointly with the public security organ, may decide to send him to a special school for special education:
(1) Committing acts that seriously endanger society, with flagrant circumstances or having caused serious consequences;
(2) Repeatedly committing acts that seriously endanger society;
(3) Refusing to accept or cooperate with the correctional education measures as provided in Article 41 of this Law;
(4) Other circumstances as provided in laws and administrative regulations.
Article 45 Where a juvenile commits acts that are provided in the Criminal Law and is not subject to criminal penalties as he is under the statutory age for criminal liability, upon the assessment and consent of the steering committee for special education, the administrative department of education, jointly with the public security organ, may decide to conduct special correctional education for the juvenile.
The people's governments at the provincial level shall, in light of the local actual circumstances, designate at least one special school to set up a special place by school areas, classes, and other methods, to provide special correctional education for juveniles as provided in the preceding paragraph.
The special places specified in the preceding paragraph shall be subject to closed-loop management. The public security organs and judicial administrative departments shall be responsible for the correction of juveniles, and the administrative departments of education shall be responsible for the education of juveniles.
Article 46 A special school shall, in due course, request the steering committee for special education to assess the performance of juvenile students receiving special education each semester. If, after the assessment, a juvenile student is suitable to be transferred back to an ordinary school, the steering committee for special education shall make a written proposal to the original decision-making organ, and the original decision-making organ shall decide whether to transfer the juvenile student back to the ordinary school.
Where the original decision-making organ decides to transfer the juvenile student back to the ordinary school, his original school shall not refuse to accept him; if, due to special circumstances, it is not suitable to transfer him back to his original school, the administrative department of education shall arrange to transfer him to another school.
Article 47 Special schools shall conduct education and correction of juveniles receiving special education in different hierarchies and categories, provide targeted moral education, rule of law education, and mental health education, and provide vocational education in light of the actual circumstances; and guarantee that juveniles who have not finished compulsory education continue to receive compulsory education.
The school roll of a juvenile student in a special school shall be kept in the original school, and if the graduation requirements are met, the original school shall issue a graduation certificate.
Article 48 Special schools shall strengthen contact with the parents or other guardians of juveniles receiving special education, give them regular feedback on the correction and education of juveniles, and provide convenience for parents or other guardians, and relatives to visit juveniles.
Article 49 Where the juveniles and their parents or other guardians refuse to accept the administrative decisions as provided in this Chapter, they may file administrative reconsideration or administrative litigations according to the law.
